STATE OF KERALA Vs. LIJU

JUDGEMENT

(1.) This appeal is filed by the State against the order of acquittal of the respondent who was the sole accused in S.C.No.86 of 1996 on the file of the Additional Sessions Court, Thodupuzha. He was charge sheeted for the offence punishable under Section 302 I.P.C..

(2.) The prosecution case was that on 21.11.1995 at 9 p.m. the accused with the intention of committing the murder of one Shaji stabbed him on his left chest with a knife causing grievous hurt as a result of which Shaji died at 9.45 p.m. at St.John s Hospital, Kattappana. The incident took place at Kanchiyar Pallikkavala-Anchuruli road on the north-east of the house of one Kanjiramthanathu`Surendran. The prosecution examined PWs.1 to 15 and marked Exts.P1 to P15 and M.Os.1 to 9. On the side of the defence, Exts.D1 to D14 were marked.

(3.) PWs.1 to 3 were examined as occurrence witnesses. PW1 who is the first cousin of the deceased and co-accused in the counter case gave Ext.P1 First Information Statement. PWs.4 and 5 are respectively the younger brother and mother of the victim who saw the accused running away with the knife. PW.6 is the witness to Ext.P3 inquest report, PW.7 is the witness to Ext.P5 mahazar and PW.8 is the witness to Ext.P8 recovery mahazar who became hostile to the prosecution. PW9 is the doctor who conducted postmortem on the dead body. PW.10 who is also a witness to Exts.P5 and P6 recovery mahazars became hostile to the prosecution. PW.13 is the Assistant Sub Inspector of Police, Kattappana who recorded Ext.P1 First Information Statement and PW.14 is the Circle Inspector of Kattappana Police Station who investigated the crime and charge sheeted the accused. PW.15 is the doctor, Taluk Headquarters Hospital, Adimaly who examined the accused and issued Ext.P14 wound certificate.